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Manfred F. Ricciardelli Jr., LLC
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Q
I lost a finger in a mechanical power press on a construction site. My boss says I can get worker’s compensation, but no more than that, since I put my hand in the machine when it was on. Is he right?

A

Probably not. Due to the severe nature of amputation injuries, workers will often lose their full range of motion and suffer a reduced earning capacity for the rest of their lives--costs that are usually not comparable with the payouts from worker’s compensation.

Even if an error on your part contributed to the loss of a finger in a mechanical power press, your employer may still be liable if there a safety oversight.

Mechanical power presses are the most common machines associated with workplace amputations. The injuries usually occur when a worker removes a re-formed workpiece from between the upper and lower dies, or feeds a new workpiece into the die, also called a point-of-operation hazard.

Here are a few ways your employer may be liable for your injury costs:

  • Regular operation. Point-of-operation injuries may be accidental, but the action that caused the injury is necessary to perform work (feeding and removing pieces from the press).
  • Inadequate safeguards. Many presses have safeguards that cut the machine’s power when a hand is inserted into the machine; however, these may be disabled to allow faster operation.
  • Distractions. Employers are advised to place dangerous machines in low-traffic areas to allow the operator to concentrate without distractions.

If you are unable to work after a construction amputation in New Jersey, experienced Morristown construction accident lawyer Manfred F. Ricciardelli, Jr., can help you get fair compensation for your loss. Call us today at (877) 360-0183 or to start your FREE, one-on-one consultation. The call is FREE, and we charge you nothing unless we win your case.

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